HBA-KDB S.B. 133 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 133
By: West, Royce
Criminal Jurisprudence
3/25/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, evidence in a criminal case may be offered by the state
and the defendant as to any matter the court deems relevant to sentencing.
However, there is no explicit prohibition on evidence offered by the state
that establishes that the race or ethnicity of the defendant makes it
likely that the defendant will engage in future criminal conduct.  Senate
Bill 133 prohibits such evidence from being offered in a sentencing
proceeding for a criminal case. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 133 amends the Code of Criminal Procedure to prohibit evidence
in a sentencing proceeding for a criminal case from being offered by the
state to establish that the race or ethnicity of the defendant makes it
likely that the defendant will engage in future criminal conduct. 

EFFECTIVE DATE

September 1, 2001.